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AMERICAN HISTORICAL ASSOfiATION. 



THE CASA DE CONTRATACION OF SEVILLE, 



BY 



PEOF. BEENARD MOSES. 



(From the Annual Keport of the American Historical Association for 1894, pages 93-123.) 



WASHINGTON : 

GOVERNMENT PRINTING OFFICE. 
1896. 



IX.-THE CASA DE CONTRATACION OF SEVILLE. 



By Prof. Bernakd Moses. 



The establishment of the absolute power of the Spanish 
Crown made easy the adoption of the fundamental provision 
of Sj)aiu's American jjolicy, namely, that Spanish America 
should be regarded and treated as subject directly to the 
King, and not to be controlled by the functionaries hitherto 
existing for the government of Spain. When it is said that 
Spain founded her rights in the New World on the celebrated 
bull of Alexander VI, which was designed to put an end to 
conflicting pretensions between Spain and Portugal, there is 
revealed an attempt to conceal the fact that the only claims 
which Spain or the Spanish King had to lands in America 
were based on usurpation. Carrying the pretended right back 
to a grant by the Pope only fixed the act of usurpation one 
step earlier. But whatever title was transmitted by the papal 
bull was conveyed to Ferdinand and Isabella, not to the Span- 
ish nation, and the subsequent jDolitical and ecclesiastical ad- 
ministration of the affairs of Spanish America was carried on 
nnder the presumption that the King was the sole political 
superior. From a strictly legal point of view Mexico and 
Peru, and later the other states of equal dignity, appear as 
kingdoms in a personal union with the Kingdom of Spain, 
rather than as colonies in the ordinary meaning of that term. 

As a consequence of this fundamental fact of Spanish policy, 
other bodies were created to assist the King in administer- 
ing the affairs of his American possessions. The first in rank 
of these special agencies was the Council of the Indies. It 
was created while Columbus was making preparations for his 
second voyage, and at the time of its establishment consisted 
of eight councilors. It was placed under the direction of the 
archdeacon of Seville, Don Juan de Fonseca. It was required 
to reside at court, and might be presided over by the King. 

93 



94 AMERICAN HISTORICAL ASSOCIATION. 

It lield supreme and exclusive jurisdiction in tlie affairs of the 
Indies. The separation of powers, whicli lias become a familiar 
feature of modern states, was not carefully regarded in Sj)ain 
in the sixteenth century. The Council of the Indies covered 
the whole field of governmental activity. It was a legislative 
body, iu that from it proceeded the laws for the government 
of the Spanish possessions in America; it was also a judicial 
body, sitting as a court of final appeal for all cases concerning 
American affairs which were of sufHcient importance to be 
carried to it; and it was, furthermore, an executive body, inas- 
much as its advice was sought by the King on all questions 
of great importance in the administration of the Indies. And 
in order that it might be in a position to deal wisely with the 
affairs intrusted to it, it was a part of the King's policy to 
apx)oint many of its members from persons who had been in 
the public service in America or in the Philippine Islands, and 
had thus acquired great practical knowledge of the transat- 
lantic countries. (Alman, Historia de Mejico, I, p. 35.) 

Provision having been made for the management of the 
political affairs of Spanish America by the establishment of 
the Council of the Indies, a second body was then created to 
take immediate control of the economicar affairs. This body 
had its beginning in the exchange of Seville and the custom- 
house of Cadiz, which were established between the first and 
second voyages of Columbus (Lafuente, Historia de Espana, 
IX, p. 407). When it had taken definite form it was known as 
the Casa de Contratacion, which may be appropriately desig- 
nated in English as the India House. It was definitely estab- 
lished at Seville in 1503. In this year it was ordered that a 
house should be built iu the shipyards of Seville for the trade 
and commerce of the West Indies, the Canaries, and such 
other islands as were already discovered or might be dis- 
covered in the future. To this " house were to be brought all 
merchandise and other things necessary for the trade, and 
such as were carried to the said islands and brought from 
them. And that in the said house there was to be a factor, a 
treasurer, and an escrivano, register, or clerk, who were to take 
charge of all the said trade, as would appear to them more 
fully by an instruction their majesties had ordered to be drawn 
up to that purpose." ^ 

1 For the details of the organization of the Casa de Contratacion we 
refer iu the first instance to the laws by which it was constituted and the 



CASA DE CONTRATAOION OF SEVILLE MOSES. 95 

This organization, was made especially necessary by the 
plan of the Spanish King to subject the trade with America 
to a rigid and exclusive monopoly. Under its control Seville 
became the only port from which ships might be sent to Amer- 
ica, and through which colonial products might enter in return. 
The India House took account of everything that concerned the 
economical aliairs of the Indies; it had power to grant licenses, 
to equip vessels, to determine their destiny, and to give them 
instructions as to their loading and sailing. In the perform- 
ance of its ample judicial functions it consulted lawyers who 
were paid by the Government. From its decisions appeal could 
be taken only to the Council of the Indies. Its officers con- 
sisted of a president, a treasurer, a secretary, an agent, three 
judges or commissioners, an attorney, and such other minis- 
ters and ofiflcials as might be provided for by law. If it is . 
said that the Council of the Indies stood for the King in polit- 
ical matters and the India House in economical affairs, the 
signiticance of the latter body is not thereby fully presented. 
The activity of the India House is contrasted with that of the 
Council of the Indies by its larger executive functions, its more 
immediate participation in the in^actical work of administra- 
tion, and by acting as the agent of the Spanish King in main- 
taining and carrying out the laws relating to the Indies. Its 
jurisdiction was without special territorial limits; it covered 
all matters embraced in the ordinances, and reached all persons 
who contravened these ordinances. All cases arising from 

powers of the several officers were determined. Among the collections of 
these laws the most important is that known as " Recopilacion de las 
Leyes de las Indias Occidentales." The most serviceable single book on 
this subject is Norte de la Contratacion de las Indias Occidentales, com- 
piled by Don Joseph de Veitia Linage, sometime commissioner and treas- 
iirer of the Casa. His book was published as a single folio volume in 
Seville in 1672. It was ''made English" by Capt. John Stevens, under 
the title of the Sjmuish Rule of Trade to the West Indies. lu his preface 
Mr. Stevens sttysp'^I— have not, in the englishing of this work, confined 
myself to the rules of translation, which would oblige me neither to add 
nor diminish; for I have done both, only abstracting from the author and 
others that have been consulted what was solid and material, without 
swelling the volume to a needless bulk with those things that are no way 
beneficial or instructive. And to make abundant compensation for those 
useless matters omitted others of the greatest consequence have been 
inserted, all with the approbation of persons most knowing in these 
aifairs." The references here given are to the English volume, which was 
printed in London for Samuel Crouch, in 1702 ; see page 2. 



96 AMERICAN HISTORICAL ASSOCIATION. 

theft or any other crime committed on the voyage to or return- 
ing- from the Indies, in fact, all cases under the laws of the 
Indies fell within its exclusive province. But in certain cases, 
where private x)ersons had suftered injury on the voyage from 
other private persons, the injured party might demand jus- 
tice either before the judges of the Casa or before an ordinary 
court of Seville. 

In these two organizations, the Council of the Indies and 
the Casa de Contratacion of Seville, we discover the two 
special agents employed by the King in carrying out in Amer- 
ica the measures of an essentially absolute rule, whether they 
concerned the i)olitical or the economical affairs of his posses- 
sions. All offices or bodies established in America for the 
purpose of exercising authority of any kind whatsoever were 
subordinate to the King and these agents of his power. The 
viceroy, the captain general, the legislative, executive, and 
ludicial council known as the audiencia, derived whatever 
power they exercised directly from the King. The idea of 
governmental power emanating from the governed found here 
no application. Under the viceroy and the audiencia the 
Government of Mexico or Peru was as arbitrary or absolute 
as that of Spain herself. That there were several viceroys 
established in the course of time was not a concession to the 
wishes of the people to have a local government; it was sim- 
ply a matter of administrative convenience. The audiencia of 
San Domingo, the first important political body established 
for the New World and having its seat in the New World, was 
created by royal appointment and acted for the King. It 
exercised not only judicial, but also political functions, and 
sometimes even directed military operations. It superseded 
the authority of the early discoverers and explorers who, under 
the title of governor, had been clothed with certain govern- 
mental powers. But whatever the titles of the organizations 
created in America by Spanish authority, they were all de- 
signed to contribute to the two great features of Spanish colo- 
nial policy, namely, absolute political control and monopolistic 
privilege in industry and trade. 

The first step in carrying out the restrictive commercial pol- 
icy which Spain had adopted was to limit the commerce with 
America to a single Spanish port. Seville became the privileged 
port, and so remained for about two hundred years, until, by 
the decree of 1717, the India House with all its privileges was 



CASA DE CONTRATACION OF SEVILLE MOSES. 97 

removed to the port of Cadiz. The actual transfer was made 
ill 1718. Down to this time no power had been adequate to 
break Seville's exclusive j)rivilege. Whatever shi^^s went to 
America were cleared by the authorities of the iDort of Seville, 
although in certain cases they may have actually set sail from 
the Bay of Cadiz. Ten years later, in 1728, the i^rivilege of 
Cadiz was invaded. The Company of Guipuzcoa was granted * 
the privilege of trading with the Province of Caracas from the 
port of San Sebastian. This was the only exception in the 
policy of exclusiveness till 1765. Then came a change through 
which other Spanish ports were opened to the American trade; 
and finally, in 1782, Spanish subjects or members of the colony 
of IsTew Orleans were ]3ermitted to take cargoes from French 
IDorts and return to these ports the wares of Louisiana and 
western Florida. But as indicating the survival of the Span- 
ish infatuation, these traders were not permitted to enter 
money at the ports of France. 

But the restriction as to ports was scarcely less severe at the 
American end of the route than in Spain. At first a ship 
might sail to America whenever it was ready and had received 
the proper license; but later they were allowed to go only in 
fleets and under a naval escort. This was the usual order, and 
while it prevailed two fleets were sent annually, one to Porto 
Bello, on the Isthmus, the other to Vera Cruz, in Mexico. 
Under the immediate control of the India House, the fleet 
might not be announced nor the officers chosen except under 
the order of the Council of the Indies. 

Under this arrangement all trade with Mexico had to pass 
between the x)ort of Seville and that of Vera Cruz ; and all 
trade with South America between Seville and Porto Bello, 
trade between the several colonies being strictly prohibited. 
Panama thus became the port of collection and distribution 
on the Pacific. The exports from the Pacific Coast of South 
America were gathered here and carried across the Isthmus to 
Porto Bello, and here was held a fair of forty days' duration, 
at which the European wares were exchanged for the gold 
and silver and other products of America. For decades the 
intercourse between Spain and Spanish South America was 
annually confined to the few days of unloading and loading 
the ships of the Spanish fleet. The fair of Porto Bello was, 
therefore, the great event of the year for the whole of South 
H. Mis. 91 7 



98 AMERICAN HISTORICAL ASSOCIATION. 

America. From it European wares were distributed to Vene- 
zuela, Granada, Peru, Chile, and even to Buenos Ayres. But 
by this system of transportation the i)rices of the wares 
imported were increased by 500 or 600 per cent of the original 
cost. This fair was more especially the great event for the 
little town of Porto Bello. On the arrival of the vessels most 
of the inhabitants of the town were accustomed to quit their 
houses for the advantage of letting them, while others retired 
to a few rooms in order to make money out of the rest. The 
poorer quarters were naturally overcrowded, and barracks 
were erected, principally for the accommodation of the ships' 
crews, who here kept stalls for the sale of sweetmeats and 
other things brought from Spain. "But at the conclusion of 
the fair the ships put to sea, all these buildings were taken 
down, and the town returned to its former tranquillity and 
emptiness." (Ulloa, Vo.yage to South America, I, 88.) 

At the time that the India House was organized at Seville 
to manage the trade with America it was proposed that a 
building should be constructed for the use of the olficers, but 
by a subsequent order of the same year, 1503, the plan was set 
aside, and the ofSces which had been created were kept in the 
old alcazar. The clerk, whose business it was not only to keep 
and report the accounts, but also to secure and preserve the 
books, papers, and records of the trade, was later known as the 
coDtador or comptroller. It was at first intended that the com- 
missioners should live in the India House. In 1518, however, 
Charles V ordered that no one should live in the house, but 
that it shoald be held exclusively for trade and the meetings 
of the officers. In order that the officers of the house might 
issue proper directions, they were ordered to "consult with 
and receive information from such persons as were acquainted 
with the countries discovered 5" and the judges of other courts 
were ordered not to encroach upon their jurisdiction. 

The formation of a special corporation at the port of Seville, 
through which should pass the affairs of the Indies, was one 
of the first practical indications that these affairs were to be 
regarded as belonging j)articularly to the Crown and not to the 
civil authorities of Spain. In view of the opposition which 
this i^olicy aroused, the King ordered the "supreme magistrate 
of Seville not to intermeddle on any account with what con- 
cerned the jurisdiction of the India House, but rather diligently 
to support and maintain it in the privileges granted by him." 



CASA DE CONTRATACION OF SEVILLE MOSES. 99 

(Veitia Linage, p. 7.) Similar commands were issued subse- 
quently, and they were accompanied with the statement that 
he would not only maintain the new institution, but would add 
to its authority if necessary. Under Philix) II its authority 
was in fact extended, so that it was a repository not only for 
the treasures brought from the Indies, but also for certain rev- 
enues raised in Andalusia. Even the fitting out of the great 
armada of 1588 was intrusted to the president and commis- 
sioners of the India House, acting in conjunction with the Duke 
of Medina Sidonia. Their power increased; their credit rose; 
they appointed officers of fleets and civil magistrates; they 
granted passes to ships; and in importance and dignity they 
stood next to the royal councilors. They enjoyed the same 
privileges and immunities as the judges of chancery and of the 
other courts. They exercised civil and criminal jurisdiction in 
all cases involving the owners and masters of ships, sailors, fac- 
tors and merchants, and those intercepting letters or instruc- 
tions relating to the Indies. They took cognizance of all crimes 
committed while sailing to or returning from the Indies, and 
in these cases no other judges had power to intermeddle; and, 
according to a decree of 1558, the same method of x)rocedure 
was followed as in the royal courts of Valladolid and Granada. 

Persons violating the ordinances of the India House might 
be brought from any part of the Spanish King's dominions 
and be tried by this body in its judicial capacity in Seville. 
As a court it had, moreover, full jurisdiction over its own 
officers. In 1655 one of the comptrollers killed another in a 
street in Seville, and a contest between the India House and 
the city as to jurisdiction in this case was decided in favor of 
the former of the contestants. I:>]"ot only had the India House 
the extensive jurisdiction here indicated, but it was also sub- 
ordinate to no council but that of the Indies. And it had 
power to inflict any degree of punishment. 

In accordance with the provisions of the ordinances, the 
president, "appointed to reside and preside in the India 
House," was required to be "a person of note and experience, 
well versed in the afl'airs of the Indies," having knowledge of 
places, of the history, and of the voyage. He bore the title of 
lordship, and in 1628 an order of the council of war decreed 
that the president on visiting Cadiz should be allowed a guard 
of sixteen men and an officer. The j)resident was so careful 
of his dignity that he never acted jointly with the regent of 



100 AMERICAN HISTORICAL ASSOCIATION. 

Seville on any public occasion, because of difficulties of pre- 
cedence, and in making visits of compliment he was attended 
by two judges or commissioners, and the aguaciles were accus- 
tomed to go before the coach. All the elaborate ceremonies 
attending his taking up the duties of his office were carefully 
X)rescribed by law. (Yeitia Linage, pp. 19, 20.) 

Among the duties of the president, one of the most impor- 
tant was the fitting out of the fleets and the armadas. He was, 
moreover, expected to supervise the embarcatiou of passengers, 
taking special care that none should go without a license, and 
that licenses should not be sold or counterfeited. The general 
ordinance prohibiting the officers of the India House from en- 
gaging, either directly or indirectly, in the trade with America 
applied to the president as well as to all other officers. The 
punishment of any president found guilty of violating this 
ordinance was reserved in the hands of the King. 

After the president, the most important officers were the 
judges, who enjoyed the distinction of being styled "jueces 
oflciales," a title which all other officers belonging to the West 
Indies were forbidden to assume. For a number of years they 
had the power to appoint the high officers of the fleets, but 
after the creation of the Council of the Indies this power fell 
into the hands of that body. Yet the admirals and vice-admi- 
rals continued subordinate to the judges of the India House. 
They enjoyed supreme authority only when under sail, "and 
as soon as in their return they cast anchor in any port of 
Spain their authority ceases, and is transferred to the judge or 
commissioner who goes down to receive or clear the shii^s." 
(Yeitia Linage, p. 26.) 

The law not only determined the order of business, but 
also prescribed the office hours of the members. They were 
required to be on duty three hours in the forenoon of each day, 
from 7 to 10, during the season from Easter to the end of Sep- 
tember, and from 8 to 11 during the rest of the year. After- 
noon sessions were held on Monday, Wednesday, and Friday, 
and if anyone were absent without just cause it was provided 
that his salary for that day should be withheld. The rule fix- 
ing the hours of the judges were not always observed, for 
"when there are armadas or flotas to fit out or clear they 
sit at all times and hours, without excepting the greatest holi- 
days or unseasonable times at night j so that, as no hours are 
exempt from business upon extraordinary occasions, so when 



CASA DE CONTEATACION OF SEVILLE MOSES. 101 

there is no business tliey do not sit in the afternoon." (Yeitia 
Linage, p. 27.) 

i«ro judge or commissioner was permitted to be absent with- 
out leave. At first, while there were only three judges, leave 
was granted by the King, and the absent judge was obliged 
to secure a deputy; but later, after the number of officers had 
been increased, it became customary for the president to grant 
such leaves of absence as were not for more than thirty days. 
(Veitia Linage, p. 28.) 

The members of the India House were divided into two 
bodies, called the chamber of direction or government and the 
chamber of justice. For eighty years, or until the founding 
of the chamber of justice in 1583, the whole business of the 
institution was conducted by a single body. During the first 
fifty-four years of this period this body was composed of three 
judges, and during the last twenty-six years of three judges 
and a president. After the creation of the chamber of justice, 
this body took cognizance of all criminal cases; but cases not 
involving the King's revenue, nor specified in the laws and 
ordinances of this court, might be tried before this or any 
other court, at the pleasure of the parties concerned. 

The chamber of justice, as established in 1583, consisted of 
two lawyers, who were called judges, but were distinguished 
ffom the jueces oficiales, or judges by office. A few years 
later, in 1596, a third judge was added, in order to avoid a 
tie, and to permit all cases brought before the chamber to 
be decided. All matters of law and justice were determined 
by the judges, who were lawyers. If a case were originally 
brought up in the chamber of direction, and there were de- 
veloped in the course of its consideration contests belonging 
to a court of justice, it was immediately turned over to the 
chamber of justice. In this court suits were terminated with 
a hearing or a rehearing, but cases involving more than 
600,000 maravedis, or $1,500, might be appealed to the Coun- 
cil of the Indies. All cases involving the revenue or duty 
for convoys, or pay due from the King, or sums in charge of 
the house, which might not be delivered by an order of a 
court of justice alone, could not be taken up by the chamber 
of justice until after they had been presented to the chamber 
of direction. If it were disputed whether an item of business 
belonged to the chamber of direction or the chamber of jus- 
tice, the point in question was referred to the president and 



102 AMERICAN HISTORICAL ASSOCIATIOK. 

one judge from each cliamber. For all matters not covered 
by the particular laws of tbe India House, resort was bad to 
the general laws of tbe Kingdom. 

Besides tbe officers already mentioned, tbere w^as a fiscal or 
solicitor, wbo bas been described as "tbe King's moutb in 
causes wberein be is concerned, a cbeck upon tbose tbat man- 
age tbe revenues, a spy upon tbose wbo embezzle it, an in- 
former against tbose tbat defraud it, an agent to improve it, 
and lastly a two-edged sword in a civil and criminal capacity 
to defend tbe patrimony of tbe crown." Tbis office was first 
establisbed in 1546. Before tbis time one of the commission- 
ers bad been appointed to perform its duties. He was required 
to keep a record of all suits managed by bim for tbe King and 
to pass it on to bis successor. His duties, in fact, were tbose 
of a iirosecuting attorney, but bis action was limited to cases 
concerning tbe King or bis revenue; and bis cases took 
precedence of all otbers. One of tbe duties of tbe commis- 
sioners was to go to tbe port and dispat(;b tbe armadas or 
fleets, and also to receive tbem on tbeir return. Tbis was 
regarded as one of tbeir most unpleasant duties, and was pe-;- 
formed in turn, beginning witb tbe eldest. An extra allow- 
ance for tbis service of ducats a day was made to eacb com- 
missioner performing it, and 12 ducats a day to tbe president. 
Tbis dutj^ consisted in inspecting tbe sbips and determining 
Avbetber or not tbey were in a proper condition to be sent to 
sea. If repairs were needed tbe extent of tbem was deter- 
mined and tbej^ were ordered to be made. If tbej^ were over- 
loaded a portion of tbe freigbt was ordered to be removed, 
and great care was taken tbat no goods sbonld be put on tbe 
vessels after tbey bad been cleared. To prevent tbis no boats, 
except tbose i^roperly licensed, were permitted to go over tbe 
bar witb tbe fleet. Tbe commissioner clearing tbe vessels 
was required to send to tbe officers of tbe King at tbe ports 
to M-bicb tbe sbii^s were bound an account of tbe destination 
of tbe sbips. wbat force of men and guns tbey carried, wbat 
freigbt, and tbe extent of tbeir provisions. It was tbe duty of 
tbe commissioner, moreover, to prevent tbe sbipment of pas- 
sengers witbout tbe proper licenses from tbe King or council. 
In case passengers were sbipped witbout sucb licenses a pen- 
alty of 1,000 ducats was imposed npon tbe officer nnder wbose 
command tbey were carried. Tbe commissioner dispatcbing 
vessels was required, moreover, to see tbat tbe sbips cari'ied 



CASA DE CONTRATACION OF SEVILLE MOSES. 103 

a sufficient amount of provisions and fresh water, and that 
they were ready to sail at the proper time. Having- set sail, 
all the merchant ships were required to follow the admiral, 
to approach and salute him every day, and not change their 
course without his leave "ou pain of death aud forfeiture of 
goods."' (Veitia Linage, p. 45.) 

There was a general prohibition that no magistrate or offi- 
cer of justice in the Kingdom of Spain should interfere in any 
matter falling within the jurisdiction of the India House, and 
that no seaport officers should go on board vessels bound to or 
returning from the Indies. In going from Seville to Cadiz to 
dispatch vessels the commissioner took with him one of the 
clerks and a constable. He made the journey on the barge 
belonging to the India House or on a vessel hired for him for 
this purpose. 

On the return of ships from the Indies they were received 
by some judge or commissioner of the Casa. This duty, like 
the duty of dispatching vessels, devolved in turn upon the sev- 
eral members of the organization. The smaller ships were 
received in Seville near the Golden Tower. Those that were 
unable to ascend to this point on the river were received at 
a i^lace called Barrego, while those that came in fleets were 
always received in the port of Bonanza. (Veitia Linage, p. 47.) 
In 1589 it was ordered that no one but a judge or commis- 
sioner from the chamber of direction of the India House should 
bo given a commission to visit the armadas or flotas. The 
thorough inspection involved m the commissioner's visit ap- 
peared to be necessary in carrying out Spain's protective pol- 
icy. It involved mustering the men to see if those who had 
left Spain had returned; also an examination to determine 
whether the vessels carried the guns and ammunition which 
under the law they were required to carry, and to find out if 
they had observed their instructions as to landings or had 
brought goods not properly entered. The commissioner was 
also required to determine " whether there was any blasphe- 
mous person aboard, or any that kept a wench, or whether 
they had played at prohibitive games or committed any other 
crimes." (Veitia Linage, p. 48.) 

If on inquiry the commissioner found that the master owed 
the sailors any part of their pay he was required to command 
that the payment be made within three days; and if this com- 
mand was not obeyed the master was arrested and ordered to 



104 AMERICAN HISTORICAL ASSOCIATION. 

pay an additional sum to each person to whom he was indebted 
for every day of delay in making payment. If it appeared 
from the oath taken by the master and the crew that any per- 
son had died on the outward or return voyage, an accouut and 
an immediate delivery of his goods were demanded; and if the 
goods were not immediately delivered the master was required 
to pay the amount of their value aud forfeit to the King double 
this amount. In his official inspection the commissioner was 
required to find out whether any slaves or passengers had 
been admitted on board the vessel without leave, and whether 
any Indians had been brought from America. This last was 
strictly prohibited under penalty of a large pecuniary fine, 
perpetual banishment from the West Indies, and a payment 
for the return of the Indians to the province or island from 
which they had been taken. If the i)erson guilty of this oifense 
was unable to meet the payment for the return transportation 
he was condemned to suffer a hundred lashes. In case persons 
belonging on the ships were absent at the time of the inspec- 
tion, it was at first the practice to have them brought before 
the president and the court, but later they were brought be- 
fore the commissioner at the port. The result of tbis leniency 
was that often the majority of the men were absent from the 
muster, and this led to the imposition of a small fine for leav- 
ing the ship before the inspection. Not only the merchant 
sliiiDS, but also the men-of-war, were inspected on their arrival, 
with the view of determining whether they had complied with 
the prescriptions of the law. 

It was incumbent upon the India House to render to the 
Council of the Indies the earliest possible information concern- 
ing the arrival of tlie galleons and flotas. In pursuit of this 
l)urpose, the commissioner at the port, on the first intimation 
of the approach of vessels, sent out a boat to bring this infor- 
mation, which he at once dispatched by an express to the India 
House, however imperfect it might be. As soon as the vessels 
had reached the port a second messenger was dispatched to 
carry to the India House the number of the ships and a state- 
ment of the treasure which they contained. This information 
having been received by the i^residout, was by him immedi- 
ately sent to the King. The process of unloading the vessels 
was indicated in the law with great detail. The chests, with 
letters and accounts, were conveyed to Seville by a special 
messenger as rapidly as possible. 



CASA DE CONTRATACION OF SEVILLE MOSES. 105 

The plate is unloacled out of tlie ships into great vessels called '^gavar- 
ras" or lighters, that of each galeon apart, an escrivano certifying the 
bars, chests, or other parcels so unloaded, upon which every boat has its 
guide, and a waiter appointed to bring it uji. This is when the sliips 
unload in the ijort of Bonanga, for if it be done at Cadiz an officer with 
some soldiers is to be in every boat, the whole cargo being in the charge 
of the admiral's cajitain, who goes in one of the said boats, and an ensign 
or sergeant in each of the others, with such number of soldiers as the 
admiral shall appoint. (Veitia Linage, p. 52.) 

In the first pliase of its orgaiiizatiou the India Honse com- 
prised three judges or commissioners. As judges they had 
some functions in common, but in addition to these each had 
certain peculiar administrative duties. One commissioner was 
at the same time the comptroller. He kept a detailed account 
of all sums received by the treasurer and of all bills drawn 
upon these sums. He was required to preserve " the entries 
of shii)s sailing to or returning from the West Indies upon 
pain of paying the damage the partj^ shall sustain whose entry 
is lost." (Veitia Linage, p. 50.) For the management of the 
affairs of his office he was permitted to have a certain number 
of subordinate officers and clerks. The most important of these 
was a deputy comptroller who took charge of all matters belong- 
ing to the King's revenue. In case the comptroller was sick 
or absent the deputy was empowered to sign for him and to 
dispatch all the business of the office. In appointing deputies 
to any commissioner great care was taken to exclude all such 
persons as were in anyway concerned in trade with the West 
Indies. 

Among the other officers subordinate to the comptroller 
there was one who took charge of the goods of deceased per- 
sons, the goods of persons absent, and property left in trust. 
This officer, whenever the occasion arose through illness or 
absence, might act for the deputy comj)troller. Another officer 
was charged with making the entries of commodities passing 
through the India House. There was still another officer 
whose duty it was to have a book in which was kept a record 
of persons departing for the Indies, their names, x>laces of 
birth, and the names of their parents. Another officer or clerk 
had charge of the credits and the uncoined silver. He also 
conducted the correspondence between the court on the one 
hand and the King and private persons on the other. All these 
officers held commissions approved by the chamber of direc- 
tion. Such other clerks might be employed in the comptroller's 
office as were demanded by the business in hand. 



106 AMERICAN HISTORICAL ASSOCIATION. 

Some idea of the details of this ofSce may be had from a hst 
of the books kept in the regular course of business. They 
were as follows: (1) Books of receipts and expenditure, in 
which were entered " all the charges, in a very plain and dis- 
tinct method, mentioning what chest the sum came from, what 
hands it has gone through, whether it came entire, in what 
sort of coin, and if it be ingots of gold or silver, in what shapes, 
upon what terms it was sold, mentioning the particular num- 
ber of bars or other i^ieces of gold or silver, with the numbers, 
fineness, and weight, and whether they weighed the same 
they did in the Indies." (Veitia Linage, p, 58.) In these 
books were entered also orders for payments, and these 
orders were the comptroller's receipts for his disbursements. 
(2) Books of the revenue derived by the cruzada. (3) Books 
of the King's private revenue. These contained accounts of 
the sale of gold and silver ingots which were sold at the treas- 
ury. These accounts embraced statements of the number and 
weight of bars, the persons to whom they were sold, and the 
dates and terms of sale. (4) Books wherein were entered all 
the commodities deposited in the warehouses. (5) Boolis in 
which were recorded all the resolutions. of tLe chamber of 
direction. (G) Books of the dead, in wliich a record was kept 
of all property that belonged to deceased persons, "stating 
accounts nicely with the dead, making him creditor for all that 
is brought over in armadas and flotas, and debtor for all that 
is delivered to his heirs, executors, and creditors." (Veitia 
Linage, x). 59.) (7) Books in which were entered the fines and 
the expenses of the court. (8) Books of passengers, in which 
were entered the names, birthjilace, and parentage of all per- 
sons going to the Indies, the places of their destination, and 
the terms of their licenses. (9) Books of letters, embracing 
copies of all letters written by the court. (10) Books in which 
were filed copies of all orders, bills, informations, and certifi- 
cates. (11) Books in which were entered or filed the commis- 
sions of all the officers of the India House. (12) Books in 
which were filed copies of all naturalization papers that had 
been issued to persons to enable them to participate in the 
trade with the West Indies. (13; Books in which were charged 
all utensils and goods delivered to the chief jjilot, cosmog- 
rapher, and other officers. (14) Books in which were kept 
accounts of the loading of all ships. 



CASA DE CONTRATACION OF SEVILLE MOSES. 107 

Anotlier commissiouer held the special office of treasurer, and 
whatever money was received from the sale of gold, silver, 
pearls, and other products of the Indies was committed to his 
custody. The treasurer and the other commissioners were 
required to give bonds to the amount of 30.000 ducats each, 
and the treasurer, as the receiver of the money of deceased 
persons, an additional bond of 15,000 ducats, while of the sub- 
treasurer there was required a bond of 10,000 ducats. The 
treasury chamber, to which the laws make frequent reference, 
was a room with barred windows and double doors. Each door 
had three unlike keys, which were distributed among the com- 
missioners. 

Payments of money belonging to the Crown were made on 
orders issued by the King, "passed by the councils of the West 
Indies and of the revenue in such manner that the Council of 
the Indies gives an order for the gross sum, and then that 
of the revenue grants particular warrants to those that are to 
receive it. These warrants are presented in the chamber of 
direction, where assignments are given upon the treasurer." 
(Yeitia Linage, p. 62.) The sums belonging to deceased per- 
sons which came into the hands of the treasurer were very great 
during the early decades of Spanish dominion in America, 
and it became customary to make loans from this store. In 
1633 the King had borrowed from it more than 500,000 ducats, 
and all the pressure that could be brought to bear upon him 
was inadequate to make him restore it. It therefore happened 
that iDersons holding valid claims against this fund could not 
recover what was due them because the fund itself had been 
exhausted by loans to persons who, like the King, either would 
not or could not meet their obligations. In order to avoid com- 
plications and embarrassment from delayed claims, steps were 
taken to insure that the most efficient means possible should 
be taken to discover the heirs in all cases; but in case they did 
not appear or were not discovered within two years after 
inquiry for them had been instituted, the property of such 
deceased persons should be regarded as forfeited. The x^rop- 
erty of deceased jDcrsons here intended included not only that 
of persons who had died in the Indies, but also that which had 
been left by passengers, sailors, and others who had died on 
the outward or return voyage. For managing this property 
the treasurer, by a decree of 1671, was granted a fee of 1 per 
cent of all that came into his hands. 



108 AMERICAN HISTORICAL ASSOCIATION. 

The third of the three judges or commissioners wlio at first 
constituted this court of trade held, in addition to his ofSce of 
commissioner, the si)ecial office of factor or manager. His 
principal function was to purchase, on behalf of the King or 
the King's officers, commodities needed for the King's service 
in America. If a governor or any other officer of the King's 
appointment in the Indies had need of any material from Spain 
for the proper conduct of affairs in his department of the public 
service, he sent to the factor at Seville or Cadiz, who purchased 
the desired articles and sent them to him by the ordinary means 
of communication. The factor, moreover, was charged with 
all commodities brought from the Indies for the King, or bought 
by the King's orders to be sent thither, except gold, silver, and 
precious stones. These were consigned to the treasurer. Using 
the King's arsenal as a storehouse for the things received, the 
factor was accustomed to deliver them on an order from the 
King, the council, or the chamber of direction. The actual 
care of the commodities was confided to a deputy of the factor, 
who occupied an apartment in the building in which they were 
kept. Although the King's gold and silver were in the custody 
of the treasurer, yet if any of it was to be melted down at the 
mint the supervision of this work devolved upon the factor. 
And he had, moreover, the control of the funds advanced by 
the King for carrying ecclesiastics to the Indies and furnish- 
ing them those things which they might need and to which 
they were entitled under the law. 

One of the important articles of trade between Spain and 
the Indies was quicksilver, which was extensively used in the 
production of silver. The trade in this particular commodity 
was monopolized by the King, and no other person might 
engage in it, under penalty of death and forfeiture of property. 
It having been found that the mine of Almaden did not pro- 
duce enough to supply the demand of IsTew Spain, it was 
determined to make up the deficiency from the mines of Peru. 
For three or four years, therefore, quicksilver was carried from 
Peru to New Spain, and, as a part. of this transaction, goods 
of various kinds were carried from New Spain to Peiu, thus 
violating the law i^rohibiting trade between these two coun- 
tries. Although this trade may have been mutually advan- 
tageous to the two colonial kingdoms immediately concerned, 
it was nevertheless regarded by the King as detrimental to 
the interests of Spain, and was consequently suppressed. The 



CAS A DE CONTRATACION OF SKVILLE MOSES. 109 

subsequent failure of the Peruvian mines caused the Indies 
for a certain period to be supplied entirely from Europe, prin- 
cipally from Germany and the mine of Almaden. Whatever 
part was sent from Spain passed through Seville, and was pre- 
pared for shipment under the care of the factor or manager of 
the India House. The manner of putting it up has been 
described by Veitia Linage : 

Every half quintal, or half hundred, is put into a sheep's skin well hound 
"with hempen cords, and that into a tight cask, nailed down, and three 
of these casks containing a quintal or au hundred and an half into a 
chest, which, heing nailed and bound over with hempen ropes^ is wrapped 
with coarse mats and bound over again. Upon every chest is fastened the 
King's arms painted on linen cloth, and these chests are for New Spain ; 
for those carry but a quintal that are for the Firmland. (The Spanish 
Rule of Trade in the West Indies, p. 68.) 

To avoid the danger of the skins rotting it was found advisa- 
ble not to form the packages until the ships were ready to sail. 

A commissary was appointed to go in the ships that carry quicksilver, 
who gave bonds to the factor for the delivery of them to the King's officers 
at the port they were destined for, and to make good the deficiencies of 
the regular convoy duty the masters were obliged to pay for such goods 
as they take aboard. These commissaries were appointed by the presi- 
dent of the India House, and being brought before the chamber of direc- 
tion gave security ; and for their trouble and hazard were allowed 12 
ducats for every 18 quintals, accounted a ton, which was paid by the 
King's officers where they delivered the quicksilver. (Ibid., p. 69.) 

For one hundred and twenty-two years the organization 
known as the India House consisted of three commissioners, 
who, as already indicated, filled the several offices of comp- 
troller, factor, and treasurer. In 1625 Phili]3 IV added the 
Duke of Olivares to the list of commissioners, at the same 
time conferring upon him the office of chief aguazil, which was 
made hereditary to the immediate heirs of his family. The 
list of judges or commissioners was also increased by the crea- 
tion of the office of chief alcayde, or keeper, which was con- 
ferred upon the Count of Castrillo and made hereditary to his 
heirs forever. It devolved ux)on him, among his other func- 
tions, to appoint the doorkeepers of both the chamber of jus- 
tice and the chamber of direction and their assistants, the 
doorkeepers of the office for convoy money, the porter at the 
gate, the keepers of the treasury chamber, and certain other 
officers of the custom-house and port, all of whom had jpre- 
viously been appointed by the president of the Council of the 
Indies. 



110 AMERICAN HISTORICAL ASSOCIATION. 

The attitude of Spain toward trade and traders was sucli 
as to furnish a positive hindrance to commercial development, 
and iu the course of time the Spaniards had to himent that, 
througli their failure to honor and encourage merchants, most 
of their trade had fallen into the hands of foreigners. In view 
of the tendency toward this result, certain special privileges 
were extended to Spanish merchants trading with the Indies. 
Among these x)rivileges may be noted that of deferring j)ay- 
ments to creditors in case of misfortune causing considerable 
loss. Any person who had been granted this privilege through 
letters of license was accustomed to pay 5 per cent per annum 
on the amounts of the payments deferred. 

It was one of the rules of transportation that goods must be 
landed at the port to which they were consigned, and if they 
were permitted to be sent to adjacent ports, it was required 
that they should be sent thither in other vessels than those 
which carried them from Spain. Goods brought fi-om the 
Indies consigned to the King were always introduced into S^Dain 
free of duty. Provisions and other commodities sent for the 
use of the soldiers iu the garrison in Florida also ]3aid no duty. 
After import duties had been removed, it was customary to 
allow goods for use in Spain to be taken frorh the shii)S wherever 
they might come to anchor. But goods imported for reexpor- 
tation had to be brought to Seville, that arrangements might 
tbere be made for the duty of exportation. In the later times 
the duties were so exorbitant that the officers did not pretend 
to collect the full amount. It appeared from experience that 
by this means the maximum revenue would accrue to the State, 
because of the extraordinary efforts that were made to escai^e 
payment altogether wlien the full duty was demanded. 

Important among the burdens imposed upon the commodi- 
ties involved in the trade between Spain and the Indies was 
the haberia, or duty levied on the goods carried in order to 
meet the expenses of the convoy. It was first imposed in 
1543, and was then at the rate of 2^ per cent, and in 1587 it 
Avas raised to 7 per cent. After the sea had become somewhat 
more safe by the cessation of hostilities between England and 
Spain the rate of convoy duty fell to 6 j)er cent, but it apiiears 
to bave risen again in the first half of the seventeenth, cen- 
tury, for by a decree of Philip IV, dated 1G44, it was ordered 
that this duty should not exceed 12 i^er cent. All commodities 



CASA DE COXTRATACIOX OF SEVILLE MOSES. Ill 

whatsoever carried to or brouglit from the Indies, not except- 
ing those belonging- to the King himself, were required to pay 
this duty. jSTo goods were delivered until the duty for convoy 
had been paid, and this was exacted although the goods had 
on another account been forfeited. Yet silver and commodi- 
ties consigned for the holy places at Jerusalem and for the 
redemption of captives were exempt from this duty. The 
collecting and accounting for this duty was at one time 
-intrusted to the commissioners of the India House, but after 
1572 it was placed in the hands of a special commission of five 
persons, who sat in a chamber of the India House, which had 
been appointed for their use. 

Besides the functionaries already mentioned there was also 
a proveedor, or commissary-general, whose duty it was ''to 
order all payments for i)rovisions bought," and to see that no 
more provisions and stores were taken on board than were 
needed for use. This officer was subordinate to the president 
and commissioners of the India House, and all agreements 
which he might make required their approval in order to be 
valid. He was i^ermitted to employ four agents or under- 
comraissaries, and was required to render an account of all 
provisions turned over by him to the officers of the ships tak- 
ing charge of them. Such provisions were free from all duties. 
The proveedor might appoint a deputy to act in his absence, 
and also two clerks, when the amount of the business de- 
manded it. 

Among the other j)ersons employed in connection with the 
shipping to America mention may be made of the superin- 
tendent of the workmen engaged in the shipyaras. He was 
expected to examine the ships needing repairs and to oversee 
the work of repairing, preventing waste through dishonest 
work or the stealing of material. The master carpenters and 
master calkers were appointed by the King, on the recommen- 
dation of the commissioners of the India House. They were 
paid by the day whenever they had work. There was also a 
storekeei^er, who had charge of all provisions and materials 
for fitting out ships, and who delivered them as they were 
needed " from the time the ships began to be fitted till they 
sailed." During part of the colonial period there were two of 
these officers, and at other times three. 

The visitors of ships. were important officers of the India 
House. They have been described as next to the commissioners 



112 AMERICAN HISTORICAL ASSOCIATION. 

in dignity. They were required to be " expert and skillful" in 
fitting out ships, to inspect them, and to determine the number 
of men and the amount of stores, arms, and ammunition that 
should be put on board of each. Before leaving for the Indies 
each ship was required to have a license from the president and 
commissioners of the India House, and to have been examined 
either by the president and commissioners themselves or by 
the visitor. The ship was examined before it was loaded, in 
order that it might be seen if it were seaworthy in all respects 
and well ballasted. In addition to these precautions it was 
provided, in 1609, that no ship under 200 tons burden should 
be admitted to the convoyed fleet. It was customary to have 
every ship visited three times. 

The first visit was for the visitor to appoint how the vessel was to he 
fitted ; the second, to see whether all had been performed that was ordered ; 
and the third, to clear it for sailing. (Veitia Linage, p. 98.) 

The third visit was that already referred to as made by the 
president or one of the commissioners of the India House. He 
was accompanied by a visitor, who was to see that the ships 
were not overloaded, that no freight was carried on deck, that 
a sufficient amount of x)rovisions had been taken on board, that 
the vessels carried the requisite amount of arms and no more, 
and that they had on board no unlicensed passengers or wares 
not properly entered. At the sailing of a vessel the business 
of the visitor with reference to it was ended, for on the return 
of the ships the visitor had nothing to do with them. (Veitia 
Linage, j). 99.) In addition to these officers there was a large 
number of clerks and other subordinates, who had in hand 
the mass of details relating to the trade between Spain and 
America. 

Concerning emigration to the Indies, it was provided in 1511 
that any subject of Spain, on properly entering his name, might 
be allowed to go to the Indies. But later, in 1518, in 1522, in 
1530, and in 1539, orders were passed involving restrictions, in 
accordance with which the bar of exclusion was raised against 
all persons newly converted from Judaism or Mohammedanism 
to the Catholic faith, against the children of such persons, or 
the children and grandchildren of persons who had worn the 
St. Andrew's cross of the Inquisition, and against the descend- 
ants of any person who had been burned or condemned for 
heresy. Any person violating these provisions was liable to 



CASA DE CONTRATACION OF SEVILLE MOSES. 113 

forfeiture of property, a hundred lashes, and perpetual banish- 
ment from the Indies. To prevent violations of the restrictive 
laws concerning emigration it was provided by a royal order 
of 1522— 

That for the future the judges or commissioners of the India House 
should not suffer any person whatsoever, though of such as were allowed 
or though he had the King's letters of license, to go over to the Indies 
iiuless they brought certificates from the places where they were horn, to 
make appear whether they were married or single, describing their j)er- 
sons, setting down their age, and declaring that they are neither Jews nor 
Moors, nor children of such, nor persons newly reconciled, nor sous or 
grandsons" of any that have been punished, condemned, or burned as here- 
tics or for heretical crimes, such certificates to be signed by the magis- 
trates of the city, town, or place where such persons were born. (Veitia 
Linage, p. 108.) 

A few years later, in 1559, the prelates in the Indies were 
instructed " to inquire whether there were any Jews, Moors, or 
heretics in those parts, and to j^unish them severely." And in 
1566 all the sons and grandsons of heretics were excluded 
from oifices or jilaces of trust. 

All magistrates, captains, x)ilots, masters, mates, or other 
persons aiding in the violation of these restrictions on emigra- 
tion were subject to a great variety of jDenalties — fines, lashes, 
banishment, imprisonment, and transportation to Spain — 
which were increased to such an extent that in the beginning 
of the seventeenth century it was decreed that passengers who 
should go to the Indies without the proper leave " should be 
sent to the galleys for four years, or, if they were persons of 
quality, to Oran for ten years." This penalty should also be 
imposed upon masters of ships, and in addition a fine of 1,000 
silver ducats. In 1607 it was provided that any sea officer 
carrying passengers to the Indies without leave should be 
punished with death. But in the course of time the extreme 
rigor of the law was abated in favor of a pecuniary fine. Yet 
the severer measures continued to have supporters, since the 
removal of restrictions caused the countries to be overrun with 
peddlers, who cut off more or less of the trade of the estab- 
lished merchants. 

The president and commissioners of the India House, with- 
out reference to the King, might grant leave to go to the Indies 
to mestizos who had been brought to Spain; to merchants, even 
such as were married, provided they had permission from their 
H. Mis. 91 8 



114 AMERICAN HISTORICAL ASSOCIATION. 

wives and left 1,000 ducats as a guaranty that they would re- 
turn within three years j to agents of merchants in the Indies, 
but only for three years, and to inhabitants of the Indies who 
were known to have wives there. Any other person required a 
license from the King. 

When the question arose as to what persons should be 
regarded as merchants, the title was interpreted so as to 
include anyone who had shipped goods rated for the payment 
of duties at $750 or more. Married women whose husbands 
were living in the Indies might go to them and be accompanied 
by a kinsman within the fourth degree of consanguinity; but 
in case the husband went to Spain for his wife he was not per- 
mitted to return without a license from the King; and the 
I)rivilege of going to the Indies was strictly withheld from all 
single women. 

Although the president and commissioners of the India 
House might permit merchants to go to the Indies without 
their wives for a period of three years, provided they had the 
consent of their wives and left the guaranty of $1,000, yet no 
other married man, not even a governor or other officer of state, 
was allowed to go without his wife, except under an express 
dispensation from the King. And without this dispensation 
the wife of the highest officer, as well as the wife of the ordi- 
nary man, was required to bring the same x^roofs of identity 
that were required of the men. 

How rigid was the restriction imposed on emigration may 
be seen from the fact that although one held a commission 
for employment in the Indies, and even a pass from the King, 
he was not permitted to sail without a license from the India 
House. It was not, however, to be expected that all persons 
would bring their certificates of qualification in the exact form 
required by the law. And when there were deficiencies in the 
papers presented, such deficiencies were sometimes supplied 
by information gathered by the officers of the India House; 
and sometimes, in order to avoid the great inconvenience that 
might be caused by delay, a pass or license was issued on the 
receipt of satisfactory security that certificates in due form 
would be subsequently forwarded from the proper sources. 

The rules governing the passengers on the voyage required 
that they should carry their own provisions, and the masters of 
ships were prohibited from undertaking to furnish them food. 
The passengers were, moreover, required to swear that they 



CASA DE CONTRATACION OF SEVILLE MOSES. 115 

would not remain at any port at which they might stop on the 
way to their proper destination, and that they would not carry 
their goods ashore before they had been examined. If one 
carried a license to reside at a specified town in the Indies, he 
was expected to reside there: and if one pretended to be going 
to the Indies to exercise a certain handicraft, he was obliged to 
follow it. (Veitia Linage, p. 113.) And there were also rules 
prohibiting persons from going from one province to another 
without leave from the King. Similar restrictions were imposed 
upon persons going from the Indies to Spain. They might not 
leave without permission " from the viceroys, presidents, or 
governors of the places of their habitation." And the gov- 
ernors of seaports were prohibited from granting leave to any 
person not residing in their jurisdiction, except on the presen- 
tation of a license from the civil officer within whose jurisdiction 
he lived. 

By an ordinance of 1560 it was provided that i^ersons going 
to the Indies without license should forfeit to the Crown all 
property acquired there, with the exception of one- fifth part, 
which should go to the informer; and they should, moreover, 
be arrested and sent as prisoners to Spain at their own expense. 
ISTeither they nor their heirs might receive goods sent to them -, 
and, in accordance with a bull issued by Alexander VI, they 
were declared to be excommunicated. 

If the royal ordinances which touch on the ecclesiastical 
affairs of America indicate the will of the Spanish Kings in 
this matter, they were moved with a strong desire to promote 
the religious welfare of the Indians. Presupposing this desire, 
the restrictions which were placed on the emigration of friars 
and priests appear as means for preventing any but those of 
virtuous and exemplary lives from going to the Indies. These 
restrictions were carried out through orders to the commis- 
sioners of the India House not to allow the friars of any order 
to go without a license. Persons attempting to avoid this 
provision were seized and sent back to Spain. As early as 
1530 an order was issued to the commissioners of the India 
House requiring them not to permit foreign friars to go to the 
Indies, even if they had leave from their superiors. This pro- 
hibition was confirmed by later ordinances, under which it was 
required that all applications by ecclesiastics for passes should 
be referred to the Council of the Indies. In 1664 the privilege 
of entering upon missionary work in the Indies was granted 



116 , AMERICAN HISTORICAL ASSOCIATION. 

to Jesuits under certain restrictions. The members of tlie 
religious orders wlio went to America under these conditions 
went at the King's expense, but they were obliged to restore 
to him the amount of his outlay in case they returned to 
Spain without leave. In the course of time, by reason of the 
rise of ])rices, the allowance which had been granted in the 
beginning for these expenses was found to be quite inade- 
quate, and whatever further amount was needed by the friars 
was made up by the orders to which they belonged. 

Friars of the order of Carmelites who went shod were spe- 
cially prohibited from going to the Indies, but this prohibi- 
tion did not stand against the barefooted friars of this order. 
After the beginning of the seventeenth century the prohibi- 
tion was made to apply to all orders which had not already 
established monasteries in America. By an act of the coun- 
cil it was provided, in 1665, that no friar having returned 
from America to Spain would be allowed to go back, even 
though he had a license, unless on his arrival in Spain he had 
reported to the council the cause of his return. The long list 
of ordinances limiting the movements and general activity of 
the members of the religious orders indicates to what marvel- 
ous lengths and into what minute details Spain's restrictive 
system extended. 

In keeping with the restrictive policy of the Spaniards, all 
foreigners were forbidden to trade with the Indies without a 
special license from the King; and having obtained such a 
license, they were limited to dealing in their own wares, and 
might not, even if naturalized, become owners or masters of 
ships. By foreigners were meant all x3ersons not born in the 
Kingdom of Castile, Leon, or Aragon. Later the territory to 
be born in which constituted one a native in the meaning of 
the law was extended so as to include Kavarre, Valencia, and 
Catalonia. The class of xjersons known in Spain as natives 
was further extended by the decree of 1562, and made to 
embrace such foreigners as had been settled householders in 
Spain for ten years and had married a Spanish or an Indian 
woman. But residence, even for more than ten years, did not 
confer this privilege on bachelors. In 1608 the line was drawn 
somewhat more strictly. Twenty years of residence, including 
ten as a householder, were required; also marriage with a 
native or with a daughter of a foreigner born under Spanish 
dominion. 



CASA DE CONTRATACION OF SEVILLE MOSES. 117 

In order to avoid tlie effect of these iDrovisions foreigDers 
who were " not capacitated to trade, contrary to the known 
laws, sold their commodities to subjects and natives of 
these kingdoms, to be paid for them in the Indies, by which 
means the gold and plate brought from those parts was car- 
ried to other countries, and that very often before it came into 
Spain." (Veitia Linage, p. 127.) This practice led to the 
passage of special ordinances prohibiting it. These were con- 
firmed at different times, and death and forfeiture of goods 
fixed as penalties for their violation. An attempt was, more- 
over, made to prevent foreigners from trading in the Indies by 
ordering that persons residing there should not purchase com- 
modities of foreigners, on pain of forfeiting half their property 
and of being returned to Spain as prisoners. By a later law 
foreigners were forbidden to reside in the Indies, and those 
already there were expelled ; yet in the course of time the 
harshness of this law of expulsion was toned down by lax exe- 
cution. In spite of the severe measure taken against foreign- 
ers attempting to trade with the Indies or residing there, it 
was decreed that foreigners residing in Seville and at adjacent 
ports, although they might not engage in the India trade, 
should nevertheless be obliged to contribute to the fitting out 
of armadas and fleets and to all other expenses borne by the 
Spaniards. 

The intimate relation between the King and his American 
dominions necessitated a regular organized system of postal 
communication. As early as 1514, by a royal warrant. Dr. 
Galindez de Carvajal was made postmaster of the Indies, and 
by a subsequent order of the Council of the Indies, issued in 
1525, all persons were restrained from interfering with him in 
the dispatch of messages concerning the affairs of the Indies. 
The lines of this service covered the distances between Seville 
and the other ports and Madrid, as well as the distances 
between Spain and America. The postmaster of the Indies 
was an officer of the India House. His duties were " to receive 
all dispatches sent by the president, commissioners, or other 
officers, or by the prior and consuls, and other persons trading, 
to the Indies." He provided means for sending- messages to 
the court and to the various ports by keeping post horses 
at certain stations. The service was rendered by persons 
appointed by the postmaster, who were prohibited from mak- 
ing any charges above the rates fixed by law. The customary 



118 AMERICAN HISTORICAL ASSOCIATION. 

speed at wMcli messages were transmitted uuder tliis system 
was thirty leagues a day. Eigoroiis laws enjoined all persons 
from intercepting and opening letters and packets. Of the 
amount paid for this service the postmaster was allowed one- 
tenth part. 

The laws and ordinances contain abundant details concern- 
ing the organization and control of the royal navy and fleets 
of merchant ships engaged in furthering the India trade. The 
admiral or captain-general held the chief command, and while 
on the sea was clothed with power which was essentially abso- 
lute; yet he was under oath " that he would not avoid death 
in defense of the faith, of his master's honor and right, and 
of the public good of the kingdom." The admirals and vice- 
admirals, before beginning to exercise the functions of their 
offices, were obliged to present their commissions and instruc- 
tions to the officers of the India House, and to furnish the 
required security that they would faithfully perform the duties 
of their offices, or meet whatever fines might be imposed upon 
them. The amount of the security demanded varied accord- 
ing to the dignity of the office, ranging from 300 ducats, in the 
case of the physician, to 5,000 ducats in the case of the 
admiral. 

After having crossed the bar of San Lucar, the admiral's 
vessel took the lead, the other vessels followed, the ship of the 
vice-admiral held her position in the rear, and the other men- 
of-war kept to windward of the merchant vessels. If any 
ship strayed from the fleet, a fine was imposed upon certain of 
her officers, and they were excluded for a series of years from 
making this voyage ; but if a ship was willfully taken from the 
fleet, the guilty officers suffered death and forfeiture of prop- 
erty. After putting to sea the admiral or vice-admiral exam- 
ined all the ships. If goods were found that had not been 
properly entered, they were confiscated j and if passengers 
were found without license, they were set on shore at the 
Canaries, and sent back to the prison of the India House. 

The effect of the restrictive policy as carried out through 
the India House was disastrous to both Spam and her Ameri- 
can ^possessions. 

The population of Spain declined, her manufactories were ruined, her 
merchant marine ceased to exist except in name, her capital was dimin- 
ished, foreigners carried on her commerce by means of contraband, and 
all the gold and silver of the New World found its way to other countries 
than Spain. (Mitre, Historia de Belgrano, I, p. 23.^ 



CASA DE CONTRATACION OF SEVILLE MOSES. 119 

Professor Oairnes says that " about the middle of the eight- 
eenth century/' when, according- to Robertson, " the exchisive 
trade to America from Seville was at its height," the freight 
that was carried to America in the legal traffic of Spain with 
her colonies " did not exceed 27,500 tons." (Political Essays, 
p. 12.) 

To surround the violation of commercial regulations with all 
the terrors of the law, it was provided that in case foreigners 
should succeed in entering Spanish American ports the inhab- 
itants should not trade with them, on pain of death and con- 
fiscation of property. But these laws were not effective. The 
number of foreigners in the seaport towns and the amount of 
foreign trade increased, and in certain quarters, particularly 
at Buenos Ayres, the contraband trade very early exceeded 
the legal trade with Spain. In fact, the city of Buenos Ayres 
outran in its growth other towns because of the great advan- 
tages of the contraband trade over the legitimate trade. 

IsTot only in commerce, but also in agriculture, was the 
Spanish policy restrictive. As late as 1803 orders were re- 
ceived in Spanish America from Spain to root up all the vines 
in certain provinces, "because the Cadiz merchants complained 
of a diminution in the consumption of Spanish wines." (Hall, 
Journey, II, p. 244.) 

Spain objected also to the cultivation of tobacco in Spanish 
America, and the inhabitants were prevented from raising flax, 
hemp, or saffron. The cultivation of the olive was forbidden, 
lest it might limit the market for Spanish oil. If in Buenos 
Ayres the inhabitants were allowed to cultivate grapes and 
olives, it was only '' by special permission, and only in suffi- 
cient quantity for the table." 

The Spanish i3olicy with reference to the American i^osses- 
sions not only imposed restrictions on industry and commerce, 
but also on the movement of population. The violation of 
laws concerning this latter subject was j)unished with confis- 
cation of property, one-fourth of which went to the informer 
and the rest to the royal treasury. Although the policy le- 
specting migration reveals a vicious tendency to hedge about 
popular movement with too many restrictions, it must be 
admitted that some of the regulations indicate a humane spirit 
on the x>art of the makers of the law. Such was the require- 
ment that no slave who was married should be allowed to go 



120 AMERICAN HISTORICAL ASSOCIATION. 

to the Indies without his wife and chiklren. The restrictions 
on emigration necessitated a slow increase in the population 
of the Spanish colonies, and thus permitted a more complete 
assimilation of the Spaniard to the Indian type than would 
have been loossible had the emigration to the colonies been 
unrestrained and rapid. 

But the people of Spanish America complained that the 
restrictions which were imjoosed upon them sacrificed the well- 
being of a continent to the ignorance and selfishness of the 
Spanish court and its privileged adherents. If a settler on 
the bank of the Eio de la Plata wished some article of Euro- 
pean ]3roduction, for a long time the route by which it could 
reach him in the course of legitimate trade was from Seville 
to Porto Bello, from Porto Bello across the Isthmus to Panama, 
from Panama to Lima, and from Lima across the continent to 
its destination. The effect of this, except in a few favored 
places like Lima and the City of Mexico, was to prevent the 
use of European wares and to compel the settlers to accept 
such substitutes as they were able to produce or obtain from 
the Indians. In other words, the trade restrictions which 
were imjiosed upon the colonists, instead of permitting them 
to start with the advantages of the achievements of European 
civilization, in many cases drove them back to the barbarism 
of the aborigines and doomed them to go over again the pain- 
ful Avay up to civilization which their ancestors had trod in 
Europe. To go from Spain to America, except to a few privi- 
leged places, was not merely to go into exile, but even to 
renounce civilization. And not only this; for by reason of the 
restrictions placed on agriculture and the industries, as well 
as on trade, one was not given a free hand with which to work 
his way forward. It is true there were no legal hindrances 
to the raising of cattle on the vast and fertile plains of the 
Argentine. But the natural ports of this region were closed, 
and there was no outlet toward the civilized world for the 
l^roducts of these ranges except across the continent to Peru, 
over the Isthmus to Porto Bello, and from Porto Bello to 
Spain once a year. With a limited poi)ulation and no exit, 
and with practically unlimited herds, the value of these herds 
disappeared. In the early years of the eighteenth century, 
even after the port of Buenos Ayres had been opened to the 
extent of admitting two small vessels annually, an ox was 



CASA DE CONTRATACION OF SEVILLE MOSES. 121 

worth $1, a sheep from 3 to 4 cents, and a mare 10 cents. 
The prices had risen to this amount from a still lower point 
under the influence of the demand made by these vessels for 
hides, strengthened by the larger demand of the contraband 
trade of the EngHsh and Portuguese. It was clear enough to 
the iDeople of the Argentine that to them a closed port meant 
poverty and a free port prosperity. Their opposition to the 
Spanish policy, and, in fact, to the Spanish rule, which ap- 
peared in the beginning of this century was no sentimental 
opposition, but rested on the hard basis of economical con- 
siderations. As economical considerations were conspicuous 
in the motives of the Dutch in revolting against the authority 
of Spain, and furnished also an important ground of the action 
which the thirteen English colonies took against the mother 
country, so the industrial and commercial restraints with 
which Spain hampered the economical develoximent of South 
America constituted a standing grievance and had great 
weight in ultimately determining the people to make them- 
selves free. The intensity of the evils of restriction was 
decreased in the course of time, but for this no thanks were 
due to the authorities of Spain. The Spanish jDolicy failed 
because it involved an irrational scheme. It failed because 
it undertook permanently to contravene the normal oijeration 
of economic forces. It broke of its own weight, and it left the 
people to whom it had applied with a weakened sense of their 
obligations to uphold the law. 

The inhabitants of Spanish America, with unimportant ex- 
ceptions, revolted against the protective system which had 
been imposed upon them. Prominent among the exceptions 
were the little towns of Panama and Porto Bello. As long as 
all trade to the greater part of South America had to pass the 
Isthmus, these ports, as points for the collection and distribu- 
tion of the wares involved, maintained a degree of relative 
importance. They wei'e naturally interested in the continu- 
ance of the royal policy. But the great bulk of the peoiile 
desired freedom. They saw that governmental restrictions on 
trade were likely to be made in the interests of a few ijersons, 
or of certain limited sections. Buenos Ayres, standing on the 
Atlantic shore facing Europe, objected to being made by law 
the extreme frontier, and the insignificant concession of 1618, 
which permitted two ships of 100 tons each to enter the port- 



122 AMP^RICAN HISTORICAL ASSOCIATION. 

annually, failed to satisfy their commercial ambition. The 
inhabitants of this and other isolated provinces recognized 
that the commercial regulations violated their interests, and 
they were driven to decide between upholding a law which 
sacrificed their well-being and giving countenance to a viola- 
tion of this law through which would come prosperity and 
progress. The result here was what might have been expected. 
The vast extent of the border of Spain's possessions made it 
impossible for her to guard it efficiently. Smuggling could, 
therefore, be carried on with impunity, and the high ijrices 
which had been given to European wares in America by the 
system of restriction constituted a sufficient inducement to 
lead the merchants of other nations to engage in contraband 
trade. 

The discovery of the passage around Cape Horn opened 
new currents for the trade with Spanish America. With this, 
the Pacific ceased to be an inland sea of the Spanish domin- 
ions, reached only by crossing Spanish territory. It was 
entered by all nations, and the doctrine of the freedom of the 
sea, which was later formulated by Hugo Grotius, was intro- 
duced in x>ractice. Here was the beginning of the end of 
Spanish monopoly. Both the eastern and western coasts of 
South America were infested with English, French, Portu- 
guese, and Dutch traders, who carried their contraband wares 
to nearly every Spanish- American port; but nowhere were 
the effects of this smuggling more marked than in the devel- 
oi:)ment of Buenos Ayres. Here the commercial nations, by 
trading either directly or through the Portuguese settlements 
in the neighboring territory of Brazil, i)articularly through 
Colonia, gathered, as General Mitre has said, '■'■ the best fruits, 
which Spain in her blindness denied to herself." " The contra- 
band trade constituted the true commerce, and its operations 
were carried on with the regularity of a lawful act for the pro- 
tection of the common interest. The merchants of the i)ort 
had agents for this purpose in Eio Janeiro and Lisbon, and even 
in Seville;" and the traffic was conducted in complete security, 
undisturbed by the authorities, who were unable to suppress 
it, and ^' had to tolerate it or consent to it, as a fact or as a 
necessity." (Mitre, Historia de Belgrano, I, p. 42.) ISTowhere 
else in the history of the world has contraband trade been so 



CASA DE CONTEATACION OF SEVILLE ^MOSES. 123 

regularly and thoroughly organized as here. Under it, to use 
the words of Merivale — 

Buenos Ayres rose from an insignificant station to a considerable city, 
merely from being the center of the contraband traffic between Europe 
and Peru. The Spaniards guarded their coasts with an expensive mari- 
time force, while they resorted in the interior to the strange measure of 
making smuggling an offense cognizable by the Inquisition. But all 
such efforts were fruitless to check the force and violence of the ordinary 
trade. The flotas and galleons sank to insignificance; and their owners 
"were glad to make these licensed squadrons serve for introducing the 
contraband commodities of other nations. (Colonization and Colonies, 
pp. 15, 16.) 



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